H 5018 General Bill, By Rodgers, Barfield, Davenport, Edge, Frye, Keegan, 
Kelley, Lloyd, Miller and Witherspoon
 A BILL TO AMEND SECTION 50-21-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO DISTINGUISH
 BETWEEN OPERATION AND EQUIPMENT OF VESSELS AND MOORING OF VESSELS WITHIN THE
 JURISDICTIONAL LIMITS OF COUNTY AND MUNICIPAL GOVERNMENTS, AND TO PROVIDE THAT
 THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES MAY ENACT ORDINANCES OR
 LOCAL LAWS RELATING TO THE MOORING OF VESSELS AND FLOATING OBJECTS WITHIN
 THEIR JURISDICTIONS, AND RELATING TO TOWING, STORAGE, AND DISPOSITION OF
 ABANDONED VESSELS AND FLOATING OBJECTS FOUND WITHIN THEIR JURISDICTIONS; AND
 TO AMEND SECTION 50-21-105, AS AMENDED, RELATING TO TOWING OF WATERCRAFT BY
 THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT WITH RESPECT TO
 WATERCRAFT AND FLOATING OBJECTS WITHIN THEIR JURISDICTIONAL LIMITS, COUNTIES
 AND MUNICIPALITIES, ACTING THROUGH THE AGENCIES AND INSTRUMENTALITIES OF THEIR
 RESPECTIVE GOVERNMENTS, MAY TOW AWAY AND STORE AT THE NEAREST COMMERCIAL
 MARINA OR ANOTHER SUITABLE FACILITY AN UNATTENDED WATERCRAFT, A WATERCRAFT THE
 OPERATOR OF WHICH IS ILL, INTOXICATED, OR UNDER A DISABILITY WHICH RENDERS HIM
 INCAPABLE OF FUNCTIONING SAFELY, OR ANOTHER OBJECT WHICH CONSTITUTES A HAZARD
 TO NAVIGATION AND WHICH IS NOT WITHIN AN ANCHORAGE AREA APPROVED BY THE UNITED
 STATES COAST GUARD.

   04/04/02  House  Introduced and read first time HJ-4
   04/04/02  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-5

TO AMEND SECTION 50-21-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO DISTINGUISH BETWEEN OPERATION AND EQUIPMENT OF VESSELS AND MOORING OF VESSELS WITHIN THE JURISDICTIONAL LIMITS OF COUNTY AND MUNICIPAL GOVERNMENTS, AND TO PROVIDE THAT THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES MAY ENACT ORDINANCES OR LOCAL LAWS RELATING TO THE MOORING OF VESSELS AND FLOATING OBJECTS WITHIN THEIR JURISDICTIONS, AND RELATING TO TOWING, STORAGE, AND DISPOSITION OF ABANDONED VESSELS AND FLOATING OBJECTS FOUND WITHIN THEIR JURISDICTIONS; AND TO AMEND SECTION 50-21-105, AS AMENDED, RELATING TO TOWING OF WATERCRAFT BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT WITH RESPECT TO WATERCRAFT AND FLOATING OBJECTS WITHIN THEIR JURISDICTIONAL LIMITS, COUNTIES AND MUNICIPALITIES, ACTING THROUGH THE AGENCIES AND INSTRUMENTALITIES OF THEIR RESPECTIVE GOVERNMENTS, MAY TOW AWAY AND STORE AT THE NEAREST COMMERCIAL MARINA OR ANOTHER SUITABLE FACILITY AN UNATTENDED WATERCRAFT, A WATERCRAFT THE OPERATOR OF WHICH IS ILL, INTOXICATED, OR UNDER A DISABILITY WHICH RENDERS HIM INCAPABLE OF FUNCTIONING SAFELY, OR ANOTHER OBJECT WHICH CONSTITUTES A HAZARD TO NAVIGATION AND WHICH IS NOT WITHIN AN ANCHORAGE AREA APPROVED BY THE UNITED STATES COAST GUARD.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 50-21-30 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding:

    "(4)    Notwithstanding the provisions of this section or of another law, the governing bodies of counties and municipalities may enact and enforce ordinances or local laws relating to and governing the mooring of live-aboard vessels and floating structures or objects within their jurisdictional limits, as distinguished from the operation and equipment of watercraft, and relating to the towing, storage, and disposition of abandoned vessels and floating structures or objects found within their jurisdictions. Ordinances or local laws adopted under the authority of this section must not regulate or attempt to regulate the anchorage of vessels other than live-aboard vessels that are engaged in the exercise of rights of navigation."

SECTION    2.    Section 50-21-105 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

    "Section 50-21-105.    The department may tow away and store at the nearest commercial marina or any other suitable facility any unattended watercraft, a watercraft the operator of which is ill, intoxicated, or under a disability which renders him incapable of functioning safely, or other object which constitutes a hazard to navigation and which is not within an anchorage area approved by the United States Coast Guard.

    With respect to watercraft and floating structures or objects within their jurisdictional limits, counties and municipalities, acting through the agencies and instrumentalities of their respective governments, may tow away and store at the nearest commercial marina or another suitable facility an unattended watercraft, a watercraft the operator of which is ill, intoxicated, or under a disability which renders him incapable of functioning safely, or another object which constitutes a hazard to navigation and which is not within an anchorage area approved by the United States Coast Guard.

    The department, counties, municipalities, and the officers, agents, or employees of the department, counties, or municipalities, are immune and absolved from all civil liability and expense to the owner arising from the towing and storage of a watercraft, floating structure, or object pursuant to this section.

    The owner may regain control of the watercraft or other object by proving ownership to the operator of the facility and paying the fee charged for storage."

SECTION    3.    This act takes effect upon approval by the Governor.